In the rapidly changing world of immigration policies, business owners and migrant workers must stay informed about the latest updates. Recently, Immigration New Zealand (INZ) announced significant changes to the accreditation rules for companies involved in business sales or mergers. These updates, effective from November 6, 2024, have substantial implications for both employers and employees holding an Accredited Employer Work Visa (AEWV). This blog post aims to guide you through these changes, explaining what they mean for businesses and migrant workers alike.
From November 6, 2024, holders of an AEWV who find themselves in the same role and location with a different employer due to business restructuring or sale must apply for a Job Change. This requirement ensures compliance with the updated immigration protocols and helps maintain the visa holder’s legal work status in New Zealand. The rule applies even if the AEWV holder’s job description and worksite remain unchanged.
This change underscores the importance of staying current with immigration laws and offers an opportunity for businesses to streamline their HR processes. Migrant workers, on the other hand, need to be proactive in ensuring their employment terms are updated to reflect these changes. It’s a crucial step in maintaining the legal framework that supports both the employee’s career and the employer’s business operations.
One of the key highlights of the new rules is the provision allowing Immigration New Zealand to approve a Job Change before deciding on the new employer’s accreditation application. This shift is designed to expedite the transition process for AEWV holders during company sales or restructures. It minimises delays that could otherwise impact the worker’s employment status and the employer’s operational continuity.
For employers, this means less red tape and more efficiency in managing transitions. By aligning the Job Change approval with the ongoing accreditation application, businesses can potentially reduce downtime and ensure a seamless transition for their workforce. This proactive approach by Immigration New Zealand is a step toward enhancing operational efficiency and maintaining a stable labour market.
Another critical aspect of the changes is that new employers will not be required to apply for a Job Check if the AEWV holder’s role or location remains the same. This exemption simplifies the process for businesses acquiring or merging with another company, as the focus can remain on integrating the workforce without additional administrative burdens.
This change is especially beneficial for small to medium-sized enterprises (SMEs), which might lack the resources to handle extensive bureaucratic processes. By eliminating the need for a Job Check when job roles remain constant, INZ helps streamline workforce integration and supports business growth.
A noteworthy point for employers to consider is that AEWV holders who transfer to a new employer post-sale or restructure will be counted within the new employer’s quota of five AEWV employees under standard accreditation. For companies anticipating exceeding this quota, applying for high-volume accreditation before the workers apply for their Job Change becomes essential.
This measure aims to ensure that businesses adequately plan for workforce expansions in light of new acquisitions or mergers. By applying for high-volume accreditation pre-emptively, companies can avoid potential disruptions and maintain compliance with immigration laws. This forward-thinking approach aligns with New Zealand’s goals of sustaining economic growth while adhering to fair labour practices.
For migrant workers, these changes highlight the importance of understanding their rights and responsibilities under New Zealand’s immigration framework. By requiring a Job Change application even when roles remain unchanged, INZ emphasises the need for transparency and accountability in employment transitions.
Migrant workers should actively engage with their employers to ensure that all necessary documentation is in place and that the transition is as smooth as possible. Understanding the nuances of these changes will empower workers to make informed decisions about their careers and ensure they remain compliant with immigration laws.
These updates to the AEWV scheme are part of INZ’s broader initiative to enhance efficiency and improve processing times. By simplifying procedures for business transitions and clarifying the rules for migrant workers, INZ aims to create a more streamlined and responsive immigration system.
The emphasis on efficiency not only benefits businesses and workers but also supports New Zealand’s broader economic and social goals. By fostering a well-regulated and agile labour market, INZ contributes to a thriving economy where businesses can grow, and migrants can thrive.
Both business owners and AEWV holders should prepare for these changes by reviewing their current practices and documentation. Employers need to ensure that their accreditation status aligns with their workforce needs and that any necessary applications for high-volume accreditation are submitted promptly.
For migrant workers, staying informed about their employment status and understanding their rights under the new rules is crucial. Engaging with immigration advisors or legal experts can provide additional guidance and support throughout this transition.
The Accredited Employer Work Visa remains a valuable tool for businesses seeking to tap into global talent. By understanding the new rules and leveraging the opportunities they present, companies can position themselves for growth and success in New Zealand’s dynamic marketplace.
By aligning workforce strategies with the updated immigration framework, businesses can enhance their competitive edge and attract top talent from around the world. This strategic approach not only benefits individual companies but also contributes to New Zealand’s economic vitality.
In conclusion, the upcoming changes to New Zealand’s immigration rules for AEWV holders involved in business sales or mergers present both challenges and opportunities. By understanding these changes and taking proactive steps to align with the new requirements, both business owners and migrant workers can ensure a seamless transition.
For business owners, the focus should be on maintaining compliance and strategically planning for workforce transitions. Migrant workers, on the other hand, should prioritise staying informed and understanding their rights and responsibilities.
With these measures in place, New Zealand’s immigration system can continue to support economic growth while fostering an inclusive and dynamic labour market. To explore further resources or seek personalised advice, consider connecting with immigration experts at Immigration Advisers New Zealand Ltd at contact@nzimmigration.info, who can provide tailored guidance based on your specific needs and circumstances.
Vandana Rai is a Senior Licensed Immigration Adviser and has built a reputation around her rare set of skills, which could be considered ideal for her legal profession.